[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Proposed Rules]
[Pages 15287-15293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06065]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130606533-4224-01]
RIN 0648-BD36
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 26 and Amendment 29
Supplement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to supplement the regulations implementing
Amendments 26 and 29 to the Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico (FMP), as prepared and submitted by the
Gulf of Mexico Fishery Management Council (Council). Amendment 26
established an individual fishing quota (IFQ) program for the red
snapper commercial sector of the reef fish fishery in the Gulf of
Mexico (Gulf) exclusive economic zone (EEZ). Amendment 29 established a
multi-species IFQ program for the grouper and tilefish component of the
commercial sector of the reef fish fishery in the Gulf EEZ. If
implemented, this rule would specify procedures for closing an IFQ
account and modify requirements for IFQ landing transactions, landing
notifications, and offloading. The purpose of this proposed rule is to
enhance the monitoring, enforcement, and review of the IFQ programs as
specified in Amendments 26 and 29 to the FMP.
DATES: Written comments must be received on or before April 18, 2014.
ADDRESSES: You may submit comments on this document, identified by
[[Page 15288]]
``NOAA-NMFS-2013-0122'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0122, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Catherine Hayslip,
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendments 26 and 29, which each include a
final environmental impact statement (FEIS), a regulatory impact review
(RIR), and a regulatory flexibility act analysis may be obtained from
the Council's Web site at http://www.gulfcouncil.org/fishery_management_plans/reef_fish_management_archives.php.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this proposed
rule may be submitted in writing to Anik Clemens, Southeast Regional
Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and the
Office of Management and Budget (OMB), by email at OIRA
[email protected], or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone 727-824-
5305, email [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Act.
Background
In 2006, NMFS published a final rule implementing Amendment 26 to
the FMP, which established the Gulf of Mexico Red Snapper Individual
Fishing Quota (IFQ) program (71 FR 67447, November 22, 2006). In 2009,
NMFS published a final rule implementing Amendment 29 to the Reef Fish
FMP, which established the Gulf of Mexico Grouper-Tilefish IFQ program
(74 FR 44732, August 31, 2009). Two additional rules were published in
2010 and 2011 modifying the procedures for administering these IFQ
programs (75 FR 9116, March 1, 2010, and 76 FR 68339, November 4,
2011). If implemented, this proposed rule would specify procedures for
closing an IFQ account and modify requirements for IFQ landing
transactions, landing notifications, and offloading. The purpose of
this proposed rule is to enhance the monitoring, enforcement, and
review of the IFQ programs as specified in Amendments 26 and 29 to the
Reef Fish FMP.
Management Measures Contained in This Proposed Rule
Close an IFQ Account
There are over 1,150 shareholder accounts and more than 150 dealer
accounts in the IFQ online system. As of June 2013, 288 shareholder
accounts hold no shares or allocation and many dealer accounts are not
actively used. This rulemaking would establish procedures for NMFS IFQ
Customer Service staff or IFQ account holders to close a shareholder
account that no longer holds shares and allocation, or a dealer account
that has paid all cost recovery fees. Under these provisions, IFQ
account holders could close an account at any time by submitting a
Close Account Request Form to NMFS. This form has already been approved
(OMB Control No. 0648-0551) for use by NMFS to close IFQ accounts. This
rulemaking would also allow NMFS IFQ Customer Service staff to close an
IFQ account if no landing transactions or IFQ transfers have been
completed by the IFQ account holder in at least 1 year. Accounts closed
by NMFS IFQ Customer Service staff may be reopened at the request of
the IFQ account holder. Closing accounts will reduce the number of
records NMFS needs to maintain.
Landing Notifications
Current regulations specify that a vessel account must hold
sufficient IFQ allocation from the time of advance notice of landing
through completion of the landing transaction. This rulemaking would
allow allocation to be held in either a vessel account or the vessel
account's linked shareholder account at the time of advance notice of
landing. On occasion, a vessel does not have sufficient allocation in
its vessel account at the time of advance notice of landing, but does
have sufficient allocation in its linked shareholder account. This
rulemaking would provide vessel captains and shareholders additional
flexibility when completing a landing notification that is similar to
an overdraft protection account. The IFQ online system would
automatically determine if a vessel and/or a vessel's linked
shareholder account has sufficient allocation at the time of advance
notice of landing. However, before completing a landing transaction the
shareholder would need to transfer allocation from the shareholder
account to the vessel account if sufficient allocation does not exist
in the vessel account to allow the dealer to complete the landing
transaction.
This rulemaking would also extend the advance notice of landing
reporting window for IFQ species. Currently, the owner or operator of a
vessel landing IFQ species is responsible for ensuring that NMFS is
contacted at least 3 hours, but no more than 12 hours, in advance of
landing. The window of time for reporting an advance notice of landing
would be extended from 12 to 24 hours. This would provide vessel owners
and operators additional flexibility when making landing notifications,
while still providing law enforcement sufficient advance notice to meet
vessels at the landing location for inspection. The additional time
would allow fishermen making day trips greater than 12 hours to make
landing notifications in advance of their trip. The additional time
would also allow owners or operators to make multiple landing
notifications at the same time, especially if the vessel will be
landing at multiple landing locations to offload fish.
Current regulations do not specify procedures for making changes to
landing notifications. This rulemaking would specify that any changes
to a landing notification (time of landing, landing location, dealer,
or change in estimated pounds) would require a new landing
notification, which would supersede the previous notification. If
changes are made to the landing location, the time of landing is
earlier than previously specified, or more than one superseding
notification is submitted on a trip, the vessel must provide at least a
3-hour notification prior to landing. If changes are made to the
dealer(s) purchasing the fish or the
[[Page 15289]]
estimated weights of fish to be landed, a vessel would need to make a
new notification, but would not have to wait an additional 3 hours
before landing, as long as the landing time is later than or equal to
the previous notification.
This rulemaking would also require that a vessel land within 30
minutes after the time given in the landing notification, unless a
state or Federal law enforcement officer has authorized a landing prior
to the notification time. If a vessel is landing more than 30 minutes
after the time given in the landing notification, the owner or operator
of the vessel must submit a new landing notification, but will not be
required to wait an additional 3 hours to land as long as only one
superseding landing notification has been submitted for the trip. As
stated in the paragraph above, if more than one superseding
notification has been made for a trip, the vessel would be required to
wait an additional 3 hours before landing. Allowing owners and
operators to change landing notifications once without waiting an
additional 3 hours should increase flexibility and reduce the amount of
time a vessel may wait to land. Requiring vessels to land within 30
minutes after the time indicated in the landing notification is
intended to aid law enforcement by ensuring vessels land at or near the
reported time. During the August 2013 Gulf of Mexico Fishery Management
Council meeting, the Council discussed extending the landing window
from 30 minutes to 1 hour based on public comments received. During the
November 2013 Red Snapper IFQ ad hoc Advisory Panel meeting, the
Advisory Panel discussed and recommended that the landing window be
extended from 30 minutes to 1 hour. NMFS is specifically interested in
input from fishermen regarding whether a 30-minute landing window is
sufficient. If it is not a sufficient window of time to land, NMFS is
interested in knowing if 1 hour would be sufficient for landing.
Additionally, this rule would allow vessels to land prior to a 3-
hour notification if a state or Federal law enforcement officer is
present at the landing site and authorizes the owner or operator of the
vessel to land early. Currently, vessels submitting a landing
notification may return to port earlier than anticipated, but may not
land until waiting a minimum of 3 hours. This results in some vessels
idling or anchoring in sight of the landing location until 3 hours have
passed. This rule would provide vessel owners and operators additional
flexibility by allowing them to land prior to the time on the advance
notice of landing.
This rule would remove regulatory language related to landing
notifications. A phrase stating ``NMFS will add other methods of
complying with the advance notice of landing requirement'' would be
removed because NMFS has already identified numerous methods for
submitting landing notifications. Regulatory language would also be
removed that precludes authorization to complete a landing transaction
if an advance notice of landing is not submitted. There are numerous
circumstances when an advance notice of landing may be properly
submitted by the vessel owner or captain, but the advance notice of
landing is not received due to technological problems (e.g., VMS
transmission failure, online system failure).
Landing Transactions
This rule would prohibit the deduction of ice and water weight when
reporting an IFQ landing transaction, specify that a dealer must report
all IFQ landings via the IFQ Web site, specify timeframes for
completing a landing transaction, and clarify that a dealer may only
receive IFQ fish transported by a vehicle or a trailered vessel that
has a corresponding transaction approval code.
Currently, regulations do not specify how fish should be weighed
before completing a landing transaction. Dealers throughout the Gulf of
Mexico use a variety of methods for weighing fish, with some deducting
for ice and water weight and others not making any deductions. Input
received from dealers and fishermen indicates deductions may range from
0 to 3 percent of the total amount landed, meaning some dealers pay
less cost recovery than other dealers that are not making these same
deductions. This rule would require dealers to include ice and water
weight when purchasing IFQ species. NMFS considered specifying a
standardized deduction percentage for ice and water weight. However,
NMFS determined that this would be impracticable to estimate and would
need to be species-specific due to varying industry practices for icing
fish, differences in trip durations that may affect how much water and
ice retention occurs, varying dealer practices for removing ice from
fish prior to weighing, and varying fish sizes and body shapes.
This rulemaking would also clarify that fish must be sold to a
federally permitted dealer and dealers must report all landings and
their actual ex-vessel prices via the IFQ online Web site. These
proposed regulations would ensure all landings and sales of IFQ species
are accounted for and fish are not kept by a captain and/or crew
without first being reported. Federal regulations at 50 CFR 622.38
prohibit a person aboard a vessel that has a Federal commercial vessel
permit for Gulf reef fish and commercial quantities of Gulf reef fish
from possessing Gulf reef fish caught under a bag limit.
The timeframe for submitting a landing transaction would also be
clarified. Current regulations state the dealer is responsible for
completing a landing transaction report for each landing and sale of
IFQ species at the time of the transaction. In some instances, landing
transactions are entered days to weeks after landing and offload. This
rulemaking would require a dealer to complete a landing transaction for
IFQ species on the day of offload. The purpose of this proposed
regulation is to improve the timeliness and accuracy of landing
transactions.
To improve accountability of the IFQ species that are transported
to a dealer by a vehicle or a trailered vessel, this rule clarifies
that a dealer may only receive IFQ fish that have a corresponding
transaction approval code.
Offloading
This rulemaking proposes several changes to the offloading
requirements. Offloading is currently prohibited from 6 p.m. to 6 a.m.
local time. This rule would authorize offloads beginning before 6 p.m.
to continue after 6 p.m. if a state or Federal law enforcement officer
is present and authorizes the offload to continue. This change would
provide dealers and vessel owners/operators additional flexibility when
offloading fish. This rule would also require vessels to offload IFQ
species within 72 hours of landing. The purpose of this regulation is
to ensure IFQ species are offloaded and landing transactions are
completed in a timely manner after a fishing trip ends. During the
August 2013 Council meeting, the Council discussed providing exceptions
to the offloading window to account for Sundays and holiday weekends,
and considered extending the offloading window from the proposed 72
hours to 96 hours. During the November 2013 Red Snapper IFQ ad hoc
Advisory Panel meeting, the Advisory Panel discussed and recommended
that the offloading window exclude Sundays and holidays and that
offloading continue after 6 p.m. if authorized by a state or Federal
law enforcement offices. NMFS is specifically interested in receiving
input regarding the sufficiency of the 72-hour allotted timeframe for
completing an offload or whether 96 hours would be a
[[Page 15290]]
better timeframe for completing an offload after landing.
Landing Locations
Regulations currently state landing locations must be approved by
the Office for Law Enforcement prior to a vessel landing IFQ species at
these sites. Regulations also require the owner or operator of a vessel
to report the location of landing at the time of the advance notice of
landing. This rule would clarify and explicitly state that IFQ species
must be landed at an approved landing location. This change follows the
Council's original intent that the IFQ program require vessels to land
at pre-approved landing locations.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator, NMFS, has determined that this proposed rule
is consistent with Amendments 26 and 29, the FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained at the beginning
of this section in the preamble and in the SUMMARY section of the
preamble. The Magnuson-Stevens Act provides the statutory basis for
this proposed rule.
The SBA has established size criteria for all major industry
sectors in the U.S. including commercial fish harvesters and seafood
dealers. The SBA periodically reviews and changes, as appropriate,
these size criteria. On June 20, 2013, the SBA issued a final rule
revising the small business size standards for several industries
effective July 22, 2013 (78 FR 37398). This rule increased the size
standard for commercial fish harvesters from $4.0 million to $19.0
million. Neither this rule, nor other recent SBA review, changed the
size standard for seafood dealers.
A business involved in commercial fish harvesting is classified as
a small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $19.0 million (NAICS code
114111, finfish fishing) for all its affiliated operations worldwide. A
business involved in seafood purchasing and processing (seafood
business) is classified as a small business based on either employment
standards or revenue thresholds. A seafood processer that employs 500
or fewer is considered a small entity (NAICS code 311712, fresh and
frozen seafood processing), as is a fish or seafood wholesaler with 100
or fewer employees (NAICS code 424460, fish and seafood merchant
wholesalers). A seafood business is classified as a small entity if it
is independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $7.0 million (NAICS code 445220, fish and seafood
marketing) for all affiliated operations worldwide.
This rulemaking, if adopted, would be expected to directly affect
all entities that hold a Gulf of Mexico (Gulf) individual fishing quota
(IFQ) shareholder account and all seafood dealers that purchase IFQ
species. There are over 1,150 shareholder accounts, and more than 150
dealer accounts in the IFQ online system. Although all IFQ shareholders
are not required to possess a valid or renewable commercial reef fish
permit, this permit is required to harvest and sell IFQ species. As a
result, it is assumed for the purpose of this assessment that the
majority of the entities that hold an IFQ shareholder account are
entities that also possess a valid or renewable commercial reef fish
permit. The average annual total revenue for vessels with a commercial
reef fish permit is estimated to be less than $100,000 (2011 dollars).
As a result, all entities with a shareholder account that would be
expected to be directly affected by this rule are believed to be small
business entities.
Neither employment information nor total average annual revenue
estimates for dealers that purchase IFQ species are available. The
total value paid to fishermen for IFQ species was approximately $14.2
million (2012 dollars) for red snapper in 2012, and approximately $21.5
million (2012 dollars) for groupers and tilefishes in 2011, or
approximately $35.7 million for all IFQ species. Because IFQ species
may only be sold to dealers with IFQ accounts, these payments equate to
$238,000 per dealer account. These dealers would also be expected to
purchase and sell other marine species in addition to IFQ species.
Although the revenue paid to fishermen is not equivalent to the revenue
received by the dealer, and dealers would be expected to sell other
marine species, because of the large difference between the SBA average
annual revenue threshold ($7.0 million) and the average annual payment
for the purchase per dealer of IFQ species ($238,000; the SBA threshold
is 29 times the average annual payment for the purchase of IFQ
species), all dealers that NMFS expects would be directly affected by
this rule are believed to be small business entities.
This rule, if implemented, would establish several changes to the
administrative functions and compliance requirements of the Gulf IFQ
programs. Some of the proposed changes would increase the operational
flexibility of commercial fishing vessels and seafood dealers that
participate in the Gulf IFQ programs, some of the proposed changes
would reduce this flexibility, and some of the proposed changes would
only make administrative changes and clarifications that NMFS does not
expect to have any economic effect on any vessels or dealers involved
in the Gulf IFQ programs. The economic effects of these proposed
changes cannot be quantified with available data. However, the proposed
changes are intended to support better monitoring and administration of
the Gulf IFQ programs and none of these changes would be expected to
have a direct substantial effect on the total allowable harvest of IFQ
species, average prices, total revenue, or distribution of revenue and
profits amongst program participants. Further, although the proposed
changes would apply to all program participants and IFQ transactions,
only a small portion of IFQ transactions by a small number of
participants would likely be impacted.
As noted above, the primary purpose of this rule is to modify the
administrative functions and compliance requirements of the Gulf IFQ
programs. These changes will have little, if any, economic impact on
the affected entities, but will improve their ability to bring fish to
market. As a result, this rule, if implemented, would not have a
significant economic impact on a substantial number of small entities.
Because this proposed rule, if implemented, is not expected to have
a direct adverse economic impact on any small entities, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction
[[Page 15291]]
Action (PRA) applicable to participants in the Gulf IFQ programs,
namely, a requirement for an IFQ shareholder or dealer to close an IFQ
account if the IFQ account holder no longer fishes commercially, no
longer owns any IFQ shares or allocation, or no longer wishes to
participate as a dealer.
This requirement has been approved by the OMB under control number
0648-0551. The public reporting burden for this collection-of-
information is estimated to average 2 minutes per response to complete
and submit a Close IFQ Account Request Form. This estimate of the
public reporting burden includes the time for reviewing instructions,
gathering and maintaining the data needed, and completing and reviewing
the collection-of-information. Send comments regarding the burden
estimate or any other aspect of the collection-of-information
requirement, including suggestions for reducing the burden, to NMFS and
to OMB (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection-of-information subject to the requirements
of the PRA, unless that collection-of-information displays a currently
valid OMB control number.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Enforcement, Grouper, Gulf, IFQ, Red Snapper,
Tilefish.
Dated: March 13, 2014.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble 50 CFR part 622 is proposed
to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 622.21 by:
0
a. Revising paragraph (a)(5);
0
b. Removing paragraph (a)(6);
0
c. Revising the 9th sentence in paragraph (b)(1) and adding a sentence
between the 9th and 10th sentences;
0
d. Revising paragraphs (b)(3)(i), (b)(3)(iii), (b)(5)(i), (ii), and
(iv), and;
0
e. Revising the first sentence in paragraph (b)(5)(v) and adding a
sentence before the first sentence;
The additions and revisions to read as follows.
Sec. 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper.
(a) * * *
(5) Closing an IFQ account. IFQ account holders may close an IFQ
account by completing and submitting a Close IFQ Account Request Form
to NMFS. This form must be signed by an account holder named on the IFQ
account. If the request to close an IFQ account is being made because
the sole account holder is deceased, the person requesting the closure
must sign the Close IFQ Account Request Form, indicating the
relationship to the deceased, provide a death certificate, and provide
any additional information NMFS determines is necessary to complete the
request. IFQ shareholder accounts may not be closed until all shares
and allocation have been transferred from the account to another IFQ
account holder. Dealer accounts may not be closed until all cost
recovery fees have been received by NMFS. NMFS' IFQ Customer Service
staff may close an IFQ account if all shares and allocation have been
transferred from the account, all cost recovery fees have been received
by NMFS, and no landing transactions or IFQ transfers have been
completed by the IFQ account holder in at least 1 year. If an account
is closed by NMFS' IFQ Customer Service staff, it may be reopened at
the request of the IFQ account holder by contacting IFQ Customer
Service.
(b) * * *
(1) * * * A vessel account, or its linked IFQ shareholder account,
must hold sufficient IFQ allocation, at least equal to the pounds in
gutted weight of the red snapper on board at the time of advance notice
of landing. Allocation must be transferred to the vessel account, so
that the vessel account holds sufficient IFQ allocation at the time of
the landing transaction (except for any overage allowed as specified in
paragraph (b)(3)(ii) of this section). * * *
* * * * *
(3) * * *
(i) At the time of advance notice of landing, the IFQ vessel
account, or its linked IFQ shareholder account, must contain allocation
at least equal to the pounds in gutted weight of red snapper to be
landed, except as provided in paragraph (b)(3)(ii) of this section. At
the time of the landing transaction, the IFQ vessel account must
contain allocation at least equal to the pounds in gutted weight of red
snapper to be landed, except as provided in paragraph (b)(3)(ii) of
this section. Such red snapper must be sold and can be received only by
a dealer who has a valid Gulf IFQ dealer endorsement and an active IFQ
dealer account (i.e., not in delinquent status). All IFQ landings and
their actual ex-vessel prices must be reported via the IFQ Web site at
ifq.sero.fisheries.noaa.gov.
* * * * *
(iii) The dealer must complete a landing transaction report for
each landing of Gulf red snapper via the IFQ Web site at
ifq.sero.fisheries.noaa.gov on the day of offload. IFQ red snapper must
be offloaded within 72 hours from the time of landing, in accordance
with the reporting form(s) and instructions provided on the Web site.
This report includes date, time, and location of transaction; weight
and actual ex-vessel price of red snapper landed and sold (when
calculating the weight of IFQ red snapper during a landing transaction,
ice and water weight must be included); and information necessary to
identify the fisherman, vessel, and dealer involved in the transaction.
The fisherman must validate the dealer transaction report by entering
his unique PIN when the transaction report is submitted. After the
dealer submits the report and the information has been verified, the
Web site will send a transaction approval code to the dealer and the
allocation holder.
* * * * *
(5) * * *
(i) Advance notice of landing--(A) General requirement. For the
purpose of this paragraph, landing means to arrive at a dock, berth,
beach, seawall, or ramp. The owner or operator of a vessel landing IFQ
red snapper is responsible for ensuring that NMFS is contacted at least
3 hours, but no more than 24 hours, in advance of landing to report the
time and location of landing, estimated red snapper landings in pounds
gutted weight, vessel identification number (Coast Guard registration
number or state registration number), and the name and address of the
IFQ dealer(s) where the red snapper are to be received. The vessel must
land within 30 minutes after the time given in the landing notification
except as provided in paragraph (b)(5)(i)(C) of this section. The
vessel landing red snapper must have sufficient IFQ allocation in the
IFQ vessel account, or its linked IFQ shareholder account, at least
equal to the pounds in gutted weight of all red snapper on board
(except for any overage up to the 10 percent allowed on the last
fishing trip) at the time of the advance notice of landing.
(B) Submitting an advanced landing notification. Authorized methods
for contacting NMFS and submitting the report include calling IFQ
Customer
[[Page 15292]]
Service at 1-866-425-7627, completing and submitting to NMFS a landing
notification provided through the VMS unit, or providing the required
information to NMFS through the Web-based form available on the IFQ Web
site at ifq.sero.fisheries.noaa.gov.
(C) Landing prior to the notification time. The owner or operator
of a vessel that has completed a landing notification and submitted it
to NMFS may land prior to the notification time, only if a state or
Federal law enforcement officer is present at the landing site and has
authorized the owner or operator of the vessel to land early.
(D) Changes to a landing notification. The owner or operator of a
vessel who has submitted a landing notification to NMFS may make
changes to the notification by submitting a superseding notification.
If the initial superseding notification makes changes to one or more of
the following: The time of landing (if landing more than 30 minutes
after the time on the notification), the dealer(s), or the estimated
weights of fish to be landed, the vessel does not need to wait an
additional 3 hours to land. If the initial superseding notification
makes changes to the landing location, the time of landing is earlier
than previously specified, or more than one superseding notification is
submitted on a trip, the vessel must wait an additional 3 hours to
land, except as provided in paragraph (b)(5)(i)(C) of this section.
(ii) Time restriction on offloading. For the purpose of this
paragraph, offloading means to remove IFQ red snapper from a vessel.
IFQ red snapper may be offloaded only between 6 a.m. and 6 p.m., local
time, unless a state or Federal law enforcement officer is present at
the offloading at 6 p.m. and authorizes the owner or operator of the
vessel to continue offloading after 6 p.m., local time.
* * * * *
(iv) Requirement for transaction approval code. If IFQ red snapper
are offloaded to a vehicle for transport or are on a vessel that is
trailered for transport, on-site capability to accurately weigh the
fish and to connect electronically to the online IFQ system to complete
the transaction and obtain the transaction approval code is required.
After a landing transaction has been completed, a transaction approval
code verifying a legal transaction of the amount of IFQ red snapper in
possession and a copy of the dealer endorsement must accompany any IFQ
red snapper from the landing location through possession by a dealer.
This requirement also applies to IFQ red snapper possessed on a vessel
that is trailered for transport. A dealer may only receive IFQ red
snapper transported by a vehicle or a trailered vessel that has a
corresponding transaction approval code.
(v) Approved landing locations. IFQ red snapper must be landed at
an approved landing location. Landing locations must be approved by
NMFS Office for Law Enforcement prior to a vessel landing IFQ red
snapper at these sites. * * *
* * * * *
0
3. Amend Sec. 622.22 by:
0
a. Adding paragraph (a)(8);
0
b. Revising the 9th sentence in paragraph (b)(1) and adding a sentence
between the 9th and 10th sentences;
0
c. Revising paragraphs (b)(3)(i), (b)(3)(iii), (b)(5)(i), (ii), and
(iv);
0
d. Revising the first sentence in paragraph (b)(5)(v) and adding a
sentence before the first sentence in paragraph.
The additions and revisions to read as follows:
Sec. 622.22 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
(a) * * *
(8) Closing an IFQ account. IFQ account holders may close an IFQ
account by completing and submitting a Close IFQ Account Request Form
to NMFS. This form must be signed by an account holder named on the IFQ
account. If the request to close an IFQ account is being made because
the sole account holder is deceased, the person requesting the closure
must sign the Close IFQ Account Request Form, indicating the
relationship to the deceased, provide a death certificate, and provide
any additional information NMFS determines is necessary to complete the
request. IFQ shareholder accounts may not be closed until all shares
and allocation have been transferred from the account to another IFQ
account holder. Dealer accounts may not be closed until all cost
recovery fees have been received by NMFS. NMFS' IFQ Customer Service
staff may close an IFQ account if all shares and allocation have been
transferred from the account, all cost recovery fees have been received
by NMFS, and no landing transactions or IFQ transfers have been
completed by the IFQ account holder in at least 1 year. If an account
is closed by NMFS' IFQ Customer Service staff, it may be reopened at
the request of the IFQ account holder by contacting IFQ Customer
Service.
(b) * * *
(1) * * * A vessel account, or its linked IFQ shareholder account,
must hold sufficient IFQ allocation in the appropriate share category,
at least equal to the pounds in gutted weight of the groupers and
tilefishes on board at the time of advance notice of landing.
Allocation must be transferred to the vessel account, so that the
vessel account holds sufficient IFQ allocation at the time of the
landing transaction (except for any overage allowed as specified in
paragraph (b)(3)(ii) for groupers and tilefishes). * * *
* * * * *
(3) * * *
(i) At the time of advance notice of landing, the IFQ vessel
account, or its linked IFQ shareholder account, must contain allocation
at least equal to the pounds in gutted weight of grouper or tilefish
species to be landed, except as provided in paragraph (b)(3)(ii) of
this section. At the time of the landing transaction, the IFQ vessel
account must contain allocation at least equal to the pounds in gutted
weight of grouper or tilefish species to be landed, except as provided
in paragraph (b)(3)(ii) of this section. Such groupers and tilefishes
must be sold and can be received only by a dealer who has a valid Gulf
IFQ dealer endorsement and an active IFQ dealer account (i.e., not in
delinquent status). All IFQ landings and their actual ex-vessel prices
must be reported via the IFQ Web site at ifq.sero.fisheries.noaa.gov.
* * * * *
(iii) The dealer must complete a landing transaction report for
each landing of Gulf groupers or tilefishes via the IFQ Web site at
ifq.sero.fisheries.noaa.gov on the day of offload. IFQ groupers and
tilefishes must be offloaded within 72 hours from the time of landing,
in accordance with the reporting form(s) and instructions provided on
the Web site. This report includes date, time, and location of
transaction; weight and actual ex-vessel price of groupers and
tilefishes landed and sold (when calculating the weight of IFQ groupers
and tilefishes during a landing transaction, ice and water weight must
be included); and information necessary to identify the fisherman,
vessel, and dealer involved in the transaction. The fisherman must
validate the dealer transaction report by entering the unique PIN for
the vessel account when the transaction report is submitted. After the
dealer submits the report and the information has been verified by
NMFS, the online system will send a transaction approval code to the
dealer and the allocation holder.
* * * * *
(5) * * *
[[Page 15293]]
(i) Advance notice of landing--(A) General requirement. For the
purpose of this paragraph, landing means to arrive at a dock, berth,
beach, seawall, or ramp. The owner or operator of a vessel landing IFQ
groupers or tilefishes is responsible for ensuring that NMFS is
contacted at least 3 hours, but no more than 24 hours, in advance of
landing to report the time and location of landing, estimated grouper
and tilefish landings in pounds gutted weight for each share category
(gag, red grouper, DWG, Other SWG, tilefishes), vessel identification
number (Coast Guard registration number or state registration number),
and the name and address of the IFQ dealer(s) where the groupers or
tilefishes are to be received. The vessel must land within 30 minutes
after the time given in the landing notification except as provided in
paragraph (b)(5)(i)(C) of this section. The vessel landing groupers or
tilefishes must have sufficient IFQ allocation in the IFQ vessel
account, or its linked IFQ shareholder account, and in the appropriate
share category or categories, at least equal to the pounds in gutted
weight of all groupers and tilefishes on board (except for any overage
up to the 10 percent allowed on the last fishing trip) at the time of
the advance notice of landing.
(B) Submitting an advanced landing notification. Authorized methods
for contacting NMFS and submitting the report include calling IFQ
Customer Service at 1-866-425-7627, completing and submitting to NMFS a
landing notification provided through the VMS unit, or providing the
required information to NMFS through the web-based form available on
the IFQ Web site at ifq.sero.fisheries.noaa.gov.
(C) Landing prior to the notification time. The owner or operator
of a vessel that has completed a landing notification and submitted it
to NMFS may land prior to the notification time, only if a state or
Federal law enforcement officer is present at the landing site and has
authorized the owner or operator of the vessel to land early.
(D) Changes to a landing notification. The owner or operator of a
vessel who has submitted a landing notification to NMFS may make
changes to the notification by submitting a superseding notification.
If the initial superseding notification makes changes to one or more of
the following: The time of landing (if landing more than 30 minutes
after the time on the notification), the dealer(s), or the estimated
weights of fish to be landed, the vessel does not need to wait an
additional 3 hours to land. If the initial superseding notification
makes changes to the landing location, the time of landing is earlier
than previously specified, or more than one superseding notification is
submitted on a trip, the vessel must wait an additional 3 hours to
land, except as provided in paragraph (b)(5)(i)(C) of this section.
(ii) Time restriction on offloading. For the purpose of this
paragraph, offloading means to remove IFQ groupers and tilefishes from
a vessel. IFQ groupers or tilefishes may be offloaded only between 6
a.m. and 6 p.m., local time, unless a state or Federal law enforcement
officer is present at the offloading at 6 p.m. and authorizes the owner
or operator of the vessel to continue offloading after 6 p.m.
* * * * *
(iv) Requirement for transaction approval code. If IFQ groupers or
tilefishes are offloaded to a vehicle for transport or are on a vessel
that is trailered for transport, on-site capability to accurately weigh
the fish and to connect electronically to the online IFQ system to
complete the transaction and obtain the transaction approval code is
required. After a landing transaction has been completed, a transaction
approval code verifying a legal transaction of the amount of IFQ
groupers and tilefishes in possession and a copy of the dealer
endorsement must accompany any IFQ groupers or tilefishes from the
landing location through possession by a dealer. This requirement also
applies to IFQ groupers and tilefishes possessed on a vessel that is
trailered for transport. A dealer may only receive IFQ groupers and
tilefishes transported by a vehicle or a trailered vessel that has a
corresponding transaction approval code.
(v) Approved landing locations. IFQ groupers and tilefishes must be
landed at an approved landing location. Landing locations must be
approved by NMFS Office for Law Enforcement prior to a vessel landing
IFQ groupers or tilefishes at these sites. * * *
* * * * *
PART 622--[AMENDED]
0
4. In part 622, revise ``IFQ online account'' to read ``IFQ account''
wherever it occurs.
PART 622--[AMENDED]
0
5. In part 622, revise ``ifq.sero.nmfs.noaa.gov'' to read
``ifq.sero.fisheries.noaa.gov'' wherever it occurs.
[FR Doc. 2014-06065 Filed 3-18-14; 8:45 am]
BILLING CODE 3510-22-P